HomeMy WebLinkAbout008 - 10/17/1904 - RELATING TO THE GRANTING TO THE NORTHERN COLORADO ELECTRIC RAILWAY COMPANY THE RIGHT TO CONSTRUCT, O ORDINANCE NUMBER EIGHT 1904.
Relating to the granting to The Northern Colorado Electric Rail-
way Company, its successors and assigns, the Right to Construct, Ope-
rate and Maintain Electric or Power Railways and Means of Transmissian
of Electricity, Power and Heat to be used''in connection therewith in
The City of Fort Collins, Colorado.
66
BE IT ORDAINED BY the City Council of The City of Fort Collins , Cole-
rado:-
SECTION I:-That there be and hereby is gratitecunto The Northern
Colorado Electric Railway Company, its successors and assigns, subject
to the limitations and conditions herein stated, the following rights
of war and privileges, that is to say:
a:-The necessary, proper and convenient rights of way, easements and
priviliges to construct, operate and maintain for a period of thirty
years, a line or lines of single or double track electric railway for
the transportation of passengers,baggage, express, mail and freight ;
and all rails, poles, wires, underground conduits and other appliances
necessary, proper and convenient in connection therewith, on, along,
through, over and accross such of the streets in the City of Fort
Collins , Colorado, as may be designated by the grantee, its successors
or assigns on or before December Ist. , 1904, and the grantee , its
successors or assigns , must on or before the day aforesaid, file
with the City Clerk of the City of Fort Collins a map of said City
with a verified statement designating the particular streets of said
City on, along, accross, through and over the center of which the
aforesaid lines of$railway shall be constructed, and show in such
statement that the written consent has been obtained from the owners
of land representing more than one half of the frontage on the several
streets and parts of streets thus designated, such consent showing
the particular kind of traffic for which the road on each street is 6o
be used. The routes of said Railway shall be subject to the approval
of the City Council of the City of Fort Collins at the next regular
meeting of said Council after the date of filing the above map and
consent from property owners.
(2)
b. The necessary, proper and convenient rights of way, easements and
privileges to erect, construct , operate and maintain along, through,
accross and ever the several streets of the City of Fort Collins, under-
ground conduits and overhead wires, and all appliances necessary, pro-
per and convenient for the transmission, application and distribution jif
electricity for the sole purpose of operating said street railway, and
heat and power generated by the power plant only, but not for terminal
or yard purposes .
SEETION 2:- That aaAd grant shall be and is hereby made express ly
subject to the following conditions and limitations:-
a. Except as incident to the construction work, steam locomotives
shall not be used on the said line of railway within the limits of said
City, and the motive power for propelling rolling stock shall be
electricity, gas, compressed air or other mechanical power now known
or which may hereafter be discovered, except steam, oil of gasoline.
b. In the construction and maintaining of the railway track the upper
surface of the rails shall be on a level with the adjacent surface of
the street. If at any time a change of grade is made or a street not on
grade at the time of the construction of the railway track is thereafter
changed, the 'owners of the said railway shall make their track conform
thereto with all reasonable diligence and at their or its own expense.
Where the adjacent street is or shall be paved or gravelled the owners
of the said railway shall in like manner pave or gravel the space occupied
by the railway tracks , including the space occupied by the double tracks
or turnouts and for a dist ante of fifteen inches outside the rails. After
the construction of the tracks, conduits or appliances , the street affected
shall be left in as good condition as before, including paving or gravel-
ing, if any on the street. During the construction work by reason of the
rights herein granted not more than two thousand linear feet of street
shall be disturbed at one time and no such section for longer than thirty
days and shall be safe-guarded without expense to the City.
c. Wherever the said railway line or linee shall cross or run along
any gutter, ditch or waterway, the owners or operators Vhereof shall
construct and maintain necessary bridges therefor without expense to the
City.
d. The rights herein granted shall not be construed to permit inter3
ference with any irrigation or drain ditch or any gas, sewer or water maAn
(3)
nor to prevent free access thereto.
e . All poles used for suspending wires and cross arms to supply ebettric
current shall be made of substantial material, well set and painted, placed
on the side of the street two feet from the curb line and so asnot to pre-
vent easy access to any hydrant or entrance to #,rivate grounds or any allyy
No wire shall be suspended at a height of less than sixteen feet above the
surface of the street, nor shall the same interfere with the wires of ex-
istingtelegraph, telephone or electric light companies.
f. In the operation of said street railway, not more than ten feet fur
a single track and twenty five feet for a double track or turnout on any
street shall be occupied.
g. The City Council reserves the right to pass from time to time gener-
al ordinances to establish reasonable police regulations with reference to
the operation and maintenance of said street railway and its appliances and
all other appliances herein mentioned. The speed of cars within the City
shall not exceed twelve miles per hour and no cars shall be stored on the
track on any street, nor Z&Am any car be left standing longer than is neo-
essary to load and unload the same except from unavoidable cause.
h. ^aid Company, its successors and assigns shall be permitted to
chargeeach person riding on its cars between any points within the City of
Fort Collins , such sum for each passenger as the Company may determine pro-
vided the sum so charged shall not exceed five cents( 59() . Ordinary hand
baggage and children under six years of age , when accompanied by an older
person paying fare , shall be carried free .
i. The construction of said railway, power and heat plant shall commence
from
within twelve months sd the date of this ordinance granting the foregoing
franchise , and the same shall be completed and in actual operation upon the
streets to be designated as herein provided, within one year after the work
of construction commences . A failure to comply with either of these provis-
ions shall forfiet all rights and privileges herein granted. A failure to
operate said street railway by running at least four cars per day on the
tracks constructed, exceptonjla.ccount of unavoidable accident, shall work a
forfieture of all rights, privileges and franchises herein granted, of sore
much of said tracks as shall not be so operated.
j .The City Council of the City of Fort Collins, in granting the rights
and privileges herein contained reserves the power to direct that certain
(4)
streets or parts of streets within the business or residence sections of }the
City shall not be utilized by the said Railway Company, its successors
and assigns , for hauling, storing or loading of objectionable freight, on
or over its tracks. No portion of College avenue south of the Colorado
and Southern tracks to an incluJng the city limits of the City of Fort
ak
Collins , shall be utilized by the Company, its successors and assigns , for
any other traffic than the carrying of passengers and = pacXage express .
fijaQzlO" a+- se€ore the o-w�rttatien work shall be commenseit within the city limits of the City of Fort Collins, the grantee , its successors
and assigns , or authorized representatives in charge of the construction
work shall consult with the City Council of the City of Fort Collins or its
authorized engineer to decide in what streets or parts of streets the
Railway Company shall use "Grooved" rails in construction and in what
streets or parts of streets "T" rails bhall be used, the said Railway
Company agreeing to use grooved rails wherever the City Council of The
City of Fort Collins shall consider the same absolutely necessary for the
safe condition of the streets granted under this Ordinance, for the
passage of traffic and foot passengers.
SECTION 4:- All Ordinances and parts of Ordinances heretofore enacted
rights
purporting to grants of way for any street railway through or over the
streets of the City of Fort Collins and all inchoate rights therein sug-
gested are hereby forfieted for non-user.
SECTION 5:- Before this Ordinance shall become operative and, within
ninety days from the passage thereof, the said The Northern Colorado Eleo-
tric Railway Company, its successors and assigns, shall file with the City
Clerk of the City of Fort Collins, Colorado, its acceptance in writing of
term and
said franchise and each and every condition of this Ordinance .
SECTION 6:-Before entering upon the construction or the work of
gradinglerecting or building said railway lines within the corporate limits
of the (City of Fort Collins under this franchise , the said Company shall
file with the*L City Clerk of said City of Fort Collins a bond in the penal
sum of ten thousand dollars($10.000) with good and suffie(ient surieties
to be approved by the City Council of said City and conditioned that it
will save the said City harmless from any and all damages which it may sus-
tain or which majr be recovered' aggjnst it by reason of the negligence of
construction or injuries which may be received by any person or persons, or
to any property by reason of thenegligent acts of the said Railway Company,
its agents, servants or contractors or independent contractors acting within
the scope of their employment by the grantee.
07, TERMS AND PROVISIONS OF THIS ORDINANCE shall be binding upon said
The Northern Colorado Electric Railway, upon said Company signing saidbond
as principal and also upon its successors and assigns as well. z .:
(5)
ordered
The forgoing Ordinance was introduced, read andApublished on the
nineteenth day of September A. D ,1R041 at a regular meeting of the City
Council of the City of Fort Collins, Colorado, and was published in the
Fort Collins Express,, a paper of general circulation in the City of
Fort Collins Colorad4n the twenty first day of September A. D. , 1904, and
was duly passed and adopted by the said City Council at the regular meeting
held on the seventeenth day of October A. D. , 1904.
(Seal)
At t e sC��
City Cie rk. GIa � --r- '
0 - �
o � 1
ORDINANCE No. . . I904.
RELATING TO THE GRANTING TO THE NORTHERN COLORADO ELECTRIC RAILWAY
C011PANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND
MAINTAIN ELECTRIC OR POWER RAILWAYS AND MEANS OF TRANSMISSION OF ELECTRIC-
ITY, POWER AND HEAT TO BE USED IN CONNECTION THEREWITH IN THE CITY OF
FORT COLLINS, COLORADO.
. . . . . . . . . . . . . . . . . . . . . . . .
1 BE IT ORDAINED by t}ie City Council of the City of Fort Collins, Colorado:
I Section I. That there be and hereby is grunted unto The Northern Colo-
3 rado Electric Railway Company, its successors and assigns, subject to the
/ limitations and conditions herein stated, the following rights of way and
S privileges, that is to say:
a. The necessary, proper and convenient rights of way, easements and
AAA-
7. privileges to construct, operate and maintain for a period of tAar4y years,
a line or lines of single or doable track electric railway for the trans..;
9 portation of passengers , baggage , express, mail and freight ; and all rails,
/D Poles, wires, under-ground conduits and other appliances necessary, proper
// and convenient in connection therewith, on, along, through, over and across
/2� sudl of the streets andsmi4i@9is in the city of Fort Collins, Colorado , as
/3 may be designated by the grantee, its successors or assigns on or before
/le pao`.ember Ist. , I904, and the grantee, its successors or assigns, must on or
PS before the day aforesaid file with the City Clerk of the City of Fort Col-
/6 lins a man of said Bity with a verified statement designating the partic-
/ 7 ular straets•sud-aeya-of said City on, along, across, through and over
the center erof which the aforesaid lines of railway shall be con-
structed, and show in such statement that the written consent has been ob-
a a tained from the owners of the land representing more than one-half of the
21 frontage on the several streets wAd-*1+eVf+ and parts of streets
Z Z thus designated, such consent showing the particular kind of traffic for
(' ,c.cc o
13 w`ich the do eacho is to be us� r`b�
Z`� The necessity, pro"era con enient nigh sy�of way, easements and
Z r privileges to erect, construct,operate and maintain along, through, across
(2)
�6 and over the several streets . of theCity of Fort Collins , under-
2-7 ground conduits and over-:Head wires, and all appliances necessary, proper
2g and convenient for the transmission, application and distribution of elec-
2.q tricity* for the sole purpose of operating said street railway, and heat and
30 power generated by tiie power plant only, but not for terminal or yard pur-
3 1 poses.
3-L Section 2. That said grant shall be MIME and is hereby made expressly
31 subject to the following conditions and limitations :
3 f a. Except as incident to the construction work, steam locomotives shall
3S not be used on the said line of railway within the city limits off said City,
3b and the motive power for propelling rolling stock shall be electricity, gas,
3-7 compressed air or other mechanical power now known or which may hereafter
3S be discovered, except steam, oil or gasoline .
31 b. In the construction and maintaining of the railway track the upper
y'O surface of the rails shall be on a level with the adjacent surface of the
�41 street. If at any time a change of grade is made on a street not o rade
yZ at the time of the construction of the railway track is thereafter ;
4t3 the owners of the said railway shall make
or its
`/t their track conform thereto with all reasonable diligence and at theirnown
expense. Where the adjacent street is or shall be paved or graveled the
y 6 owners of the said railway shall in like manner pave or gravel the space
�' 7 occu pied by the railway tracks, including the space between t'le double
fifteen
f� tracks or turnouts and for a distance of mKindles outside the rails.
4°y After the construction of the tracks , conduits or appliances, the street
5`D affected shall be left in as good condition as before, including paving
or graveling, if any on the street. During the construction work by reason
3`)- of the rights herein granted not more than two thoudand linear feet of,.atreet
3�3 shall be disturbed at one time and no such section for Anger than thirty
-�\y days and shall be safe-guarded without expense to the city.
S`S c. Wherever the said railway line or lines shall cross or run along any
S 6 gutter, ditch or waterway, the owners or operators thereof shall construct
(3)
and maintain necessary bridges therefor without expense to the City.
d. The rights herein granted shall not be construed to permit in$erfer-
Sy ence with any irrigation or drain ditch or any gas
sewer or water main nor
(,b to prevent free access thereto.
b / e. All poles used for' suspending wires and cross arms to supply electric
62 current shall be made of substantial material, Y411 set and painted, placed
63 an the side of the street two feet from the curb line and so as not to pre-
6 � vent easy access to any hydrant or entrance to private grounds or any alley.
6S' No wire shall be suspended at a height of less than teen feet above
6b the surface of the street nor shall the same interfere with the wires of
67 existing telegraph, telephone or electric light cctpanies.
W f. In the operation of said street railway, not more than ten feet for
61 a single track and twenty-five feet for a double track or turnout on any
�0 street shall be occupied.
7/ g. The City Council reserves the right to pass from time to time gener- .
7 L al ordinances to establish reasonable police regulations with reference to
73 the operation and maintenance of said street railway and its appliances and
7fall other appliances herein mentioned. The speed of cars within the City
)3� shall not exceed twelve miles per hour and no cars shall be stored on the
� 6 track on any street, nor shall any car be left standing longer than is nec-
'?7 essary to load and unload the same except from unavoidable cause.
h. Said Company, its successors �assigns shall be permittedIt to charge
7� each person riding on its cars between any points within the city of Fort
g0 Collins, such sum for each passenger as the Company may determine provided
the sum so charged shall not exceed five cents. ( 590) 49 a'
�2 i. The construction of said railway, power ancT heat plant shill m6henc;G
k3 within eJ &4 a= months from the date of this ordinance granting the fore-
�-41 going franchise, and the same shall be ccmpletedN and in actual operation
4 >r upoon the streets to b� e, ignated as herein provided edwit in 4wQ year)(
the work of constructionn �co ences. . A failure to operate said street rail-
t7 way by running at least �ans carsper day on the tracks constructed, except
(4)
on account of unavoidable accident, shall work a forfeiture of all rights,
�9 privileges and franchises herein granted
90 j . The City Council of the City of Fort Collins, in granting the rights
9/ and privileges herein contained reserves the power to direct that certain
Z streets or parts of streets within the businesWlectiono of the City shall
f/3 not be utilized *�
1 d by the said Railway Company, its successors and assigns,
yy for the hauling, storing or loading of objectionable freigh.ton or over its
%s trackso %o portion of College Avenue south of the Colorado & South-
ern tracks to and including the city lirrd.ts of the City of Fort Collins ,
7 shall be utilized by said Company, its successors and assigns, for any
other traffic than for the carrying of passengers or package express. The,
/o/ 411ii iLl. � 1 ,
(02, w
ss cen
l au3 ,
1040 Section 3. Before the construction work shall be commenced within the
/07 city limits of the City of Fort Collins, the grantee, its successors and
/oC assigns, or authorized representatives in charge of the construction wotk
/01 dhall consult with the City Council of the City of Fort Collins or its au-
HO thorized engineer to decide in what streets or parts of streets t he railway
M company shall use "Grooved" rails in construction and in what streets or
/12 parts of streets "T" rails shall be used, the said railway company agreeing
/13 to use grooved rails wherever the said City Council of the City of Fort
Collins shall ¢resider the same absolutely necessary for the safe condition
of the streets granted under this Ordinance, for the passage of traffic and
foor passengers.
Section 4, All Ordinances and parts of Ordinances heretmfore enacted
/!K gurgorting to urant rip;hts of way for anv street railwav throuzh or over
(5)
e
the streets of the city of Fort Collins and all inchoate rights therein
/2D suggested are hereby forfeited for non-user.
Section 5. Before this Ordinance shall become operative and, within
/Z z ninety days fr am the passage thereof, the said The Northern Colorado
lti3 Electric Railway Company, its successors and atsigns, shall file with the
J-tf City Clerk of the City of Fort Collins , Colorado, its acceptance in writing
/25' of said franchise vnd each; j1Dd every term and condition of this Ordinance.
Se.cti6i ��e�ore entering upon the Construction or the work of grading
/z7 erg ting�4' 1 A' -Aig said agway lines within the corporate limits of the
/26 Citr of Fa3e0�Uins unde t4is, franchise, the said Company file with
h
/2y the; 6ty,- 61 o ; paid Cit6f Fort Collins a bond in the penal sum of
/3a
Ten P,on�d -d.ol4ars ($I�q,000) with good and sufficient sureties to be
/3/ a6p oveoy tehe/,,City Cott$jcJl'rof said city and conditioned that it will save
/ 3L Uie said )iit�hayml.ess P;rok egisl and all damages which it may sustain or
/33 which may9
`be recovered against it by reason of the negligence of construction
/3y or injuries which may be received by any person or persons, or to any prop-
/35Nerty by X99 reason of the negligent acts of the said railwa-V campany, its
/3.4 agents, servants or contractors or independent contractors acting within the
137 scope of their employment by the grantee,
13 Y THE TRRMS AND PROVISIONS OF THIS ORDINANCE shall be binding upon said
13y The Northern Colorado Electric Railway Company, upon said Company signing
said bond as principal and also upon its successors and. assigns as well,
vuc,dre+�utre�e�.currd+/ / Y� �,�Gru.��W
ntroduced, read and ordered published on the At. , day of August A.D,
I904, at a regular meeting of the City Council of t�h,ee
Colorado.-` �(e`«c6c✓/
alu ce u/uv-c kaki y /I�/l ti:T�e, ,, D(�fccyCAAK .
Mayor
Attest
. . . . s .'►4/.. :R�1� . . . . .
City ?CClerl.;.7�
��cr-6y `�..cc6-1-r ew/..cn-�c,�.c ti'Y�r✓I�' Va.,P.�-e....�. CriC. `+��J �'�/� /�/d if